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Cable Television Commission_Ordinance AmendmentMasterpiece on the Mississippi Dubuque bierd All-America City 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Ordinance 5 -12 Establishing the Cable Television Commission DATE: February 16, 2012 The City Council previously adopted Ordinance No. 5 -12 establishing the Cable Television Commission. The Ordinance originally required publication of the names of individuals selected for appointment to the Commission no less than thirty days before a vote by City Council, and stated that all seven commissioners will be appointed to three year terms simultaneously, which could result in seven vacancies in need of filling at one time. Assistant City Attorney Maureen Quann recommends City Council approval of an amendment to Ordinance 5 -12, removing the publication requirement, and providing for the subsequent appointment of commissioners on a staggered basis, appointing three commissioners one year and four commissioners the following year. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Craig Nowak, Cable TV Coordinator Maureen Quann, Assistant City Attorney THE CITY OF DU1tJE MEMORANDUM Masterpiece on the Mississippi MAUREEN A. QUANN, ESQ. ryletAvw,t,411,,et_t_ ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: February 16, 2012 RE: Amendment to Ordinance 5 -12 Establishing the Cable Television Commission The City Council previously adopted Ordinance No. 5 -12 establishing the Cable Television Commission (Commission). The Ordinance originally required publication of the names of individuals selected for appointment to the Commission no less than thirty (30) days before a vote by City Council and stated that all seven commissioners will be appointed to three (3) year terms simultaneously, which could result in seven vacancies in need of filling at one time. Enclosed are a copy of Ordinance No. 5 -12 and a copy of the proposed amendment. I recommend that an amendment to Ordinance 5 -12, removing the publication requirement, and providing for the subsequent appointment of commissioners on a staggered basis, appointing three commissioners one year and four commissioners the following year, be submitted to the City Council for consideration and approval. Enclosures cc: Craig Nowak, Cable TV Coordinator OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL mquann @cityofdubuque.org Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 ORDINANCE NO. -12 AMENDING ORDINANCE NO. 5 -12 ESTABLISHING THE CABLE TELEVISION COMMISSION BY REMOVING THE THIRTY (30) DAY PUBLICATION REQUIREMENT IN SECTION 2 -11 -5 AND PROVIDING FOR STAGGERED TERMS FOR COMMISSION MEMBERS IN SECTION 2 -11 -7 Section 1. Ordinance No. 5 -12, Section 2 -11 -5 is amended to read as follows: Sec. 2 -11 -5. Membership. 1. The Commission consists of seven (7) residents of the city, appointed by the city council. Section 2. Ordinance No. 5 -12, Section 2 -11 -7 is amended to read as follows: Sec. 2 -11 -7. Term. For the initial appointments, three (3) of the appointments will be for terms ending July 1, 2014 and four (4) of the appointments will be for terms ending July 1, 2015. Thereafter, each member of the Commission will hold office for three (3) years and until such member's successor is appointed and qualified. The term of office of each member will commence July 1 in the year in which the member is appointed. Vacancies occurring on the Commission through death, resignation, or permanent removal from the City will be filled by the mayor with the approval of the city council, but such appointments will be made to fill out the unexpired term for which the appointment is made. Section 3. This Ordinance takes effect on publication. Passed, approved and adopted the day of 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk EFFECT OF AMENDMENT Sec. 2-11-5. Membership. 1. The Commission consists of seven (7) residents of the city, appointed by the city council. Sec. 2 -11 -7. Term. For the initial appointments, three (3) of the appointments will be for terms ending July 1, 2014 and four (4) of the appointments will be for terms ending July 1, 2015. Thereafter, each member of the Commission will hold office for three (3) years and until such member's successor is appointed and qualified. The term of office of each member will commence July 1 in the year in which the member is appointed. Vacancies occurring on the Commission through death, resignation, or permanent removal from the City will be filled by the mayor with the approval of the city council, but such appointments will be made to fill out the unexpired term for which the appointment is made. Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 ORDINANCE NO. 14 -12 AMENDING ORDINANCE NO. 5 -12 ESTABLISHING THE CABLE TELEVISION COMMISSION BY REMOVING THE THIRTY (30) DAY PUBLICATION REQUIREMENT IN SECTION 2 -11 -5 AND PROVIDING FOR STAGGERED TERMS FOR COMMISSION MEMBERS IN SECTION 2 -11 -7 Section 1. Ordinance No. 5 -12, Section 2 -11 -5 is amended to read as follows: Sec. 2 -11 -5. Membership. 1. The Commission consists of seven (7) residents of the city, appointed by the city council. Section 2. Ordinance No. 5 -12, Section 2 -11 -7 is amended to read as follows: Sec. 2 -11 -7. Term. For the initial appointments, three (3) of the appointments will be for terms ending July 1, 2014 and four (4) of the appointments will be for terms ending July 1, 2015. Thereafter, each member of the Commission will hold office for three (3) years and until such member's successor is appointed and qualified. The term of office of each member will commence July 1 in the year in which the member is appointed. Vacancies occurring on the Commission through death, resignation, or permanent removal from the City will be filled by the mayor with the approval of the city council, but such appointments will be made to fill out the unexpired term for which the appointment is made. Section 3. This Ordinance takes effect on publication. Passed, approved and adopted the 20thday of February , 2012. Roy D. oI, Mayor Attest: . Kevin S. irnstahl, City Jerk OFFICIAL PUBLICATION ORDINANCE NO. 5 -12 REPEALING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11 RIGHTS OF WAY, CHAPTER 3 CABLE TELEVISION, ARTICLE B COMMUNITY TELE- PROGRAMMING COMMISSION AND ARTICLE C CABLE REGULATORY COMMISSION AND ADOPTING TITLE 2 BOARDS AND COMMISSIONS, ARTICLE 11 CABLE TELEVISION COMMISSION ESTABLISHING THE CABLE TELEVISION COMMISSION Whereas, City of Dubuque Code of Ordinances Title 11, Article 3B provides for the Community Tele- Programming Commission; and Whereas, Title 11, Article 3C provides for the Cable Regulatory Commission; and Whereas, the city council finds that it is in the best interest of the City of Dubuque to merge the two previously established commissions to form one commission to be known as the Cable Television Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Articles 11 -3B and 11 -3C of are repealed. Section 2. The following new Title 2, Article 11 is hereby adopted: ARTICLE 11 CABLE TELEVISION COMMISSION 2 -11 -1. Commission Created. There is hereby created a Cable Television Commission. 2 -11 -2. Purpose. The purposes of the Commission are as follows: 1. To develop, in respect to community programming and cable regulation, policies that will govern: a. The use and protection of equipment and facilities; b. All training programs; c. The priorities and scheduling for use of channel time; d. The daily regulation and administration of the cable franchise; e. The resolution of subscriber complaints which could not be resolved satisfactorily by the cable manager; and, f. Other matters pertaining to community programming or cable services in Dubuque which may arise. 2. To develop policies and procedures regarding the public community programming channels that will promote its nondiscriminatory, first come, first served and equitable use in conformity with all applicable regulations and requirements and limit such use to residents of Dubuque and their own productions. 3. To encourage interest in and development of decidedly local community programming. 4. To encourage cooperation and cordial relations between community programmers, cable subscribers, and the local cable manager and the local cable manager's staff. 5. To identify and support organization of subcommunities to be responsible for the channels reserved for public, education, and government programming. 6. To advise the following: a. The city manager or the city manager's designee (collectively "the city manager ") on matters relating to community programming and the regulation of the cable system; b. The city council on expenditure of any funds designated by a franchise for PEG equipment and facilities; and, c. The city council on any matter relating to the cable franchise or system. 7. To promulgate and administer through the city manager all policies, rules, and procedures relating to community programming. 8. To keep abreast of developments in cable technologies, services, and programming and to become competent in cable regulation, finances, and standards of operation. 9. To act through the city manager as the local regulatory agent of the cable franchise and to monitor the operation of the cable system. 10. To consult with the local cable manager on the best updating of the cable system, services, and programming and to advise the city council on expending the updating funds. 11. To evaluate its own proceedings and actions and all community programming and cable related activities. 12. To provide any cable user in Dubuque the opportunity to voice a complaint regarding the user's cable service. 2 -11 -3. Internal Organization and Rules. The Commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with city or state code. 2 -11 -4. Procedures for Operation. All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the Commission in all its operations. 2 -11 -5. Membership. 1. The Commission consists of seven (7) residents of the city, appointed by the city council. The mayor must publish notice of the names of persons selected for appointment no Tess than thirty (30) days prior to a vote by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Special Qualifications. a. In its appointments, the city council will endeavor to achieve a broad representation of the subcommunities and public interests which can take advantage of dedicated channels to benefit the residents of Dubuque and to develop a Commission versed and competent in telecommunication administration, finances, and regulation. The city council will attempt to give preference to applicants who are actively interested in promoting community cable programming who possess, or are willing to acquire, video production background, and who will relate to the spectrum of informational and cultural needs of cable viewers of Dubuque and applicants who possess professional or experiential backgrounds in law, finances, administration, public relations, or telecommunication technologies. b. Members of the Commission who represent subcommunities utilizing dedicated channels are not be deemed to have a conflict of interest in the use of the equipment and facilities provided for that purpose solely because of their membership on the Commission. 2 -11 -6. Oath. Each person, upon appointment or reappointment to the Commission, must execute an oath of office at the first meeting of the Commission following the appointment or reappointment or at the city clerk's office any time prior to or within ten (10) days following the first meeting of the Commission. 2 -11 -7. Term. The term of office for commissioners is three (3) years. 2 -11 -8. Vacancies. Vacancies caused by death, resignation, or otherwise must be promptly filled by the city council for the unexpired term of office. 2 -11 -9. Officers /Organization. The Commission must choose annually, at the first meeting of each calendar year, from its own members, a chairperson and vice chairperson, each to serve a term of one (1) year. The Commission must fill vacancies among its officers for the remainder of the unexpired term. 2- 11 -10. Meetings. 1. Regular Meetings. The Commission must meet not less than once each quarter. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. 3. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a commissioner has been absent for three (3) or more consecutive meetings of the Commission, without being excused by the chairperson, such absence will be grounds for the Commission to recommend to the city council that the position be declared vacant and a replacement appointed. b. Attendance must be entered in the meeting minutes. 5. Minutes. A copy of the minutes of all regular and special meetings of the Commission must be filed with the city council within ten (10) working days after the next Commission meeting. 6. Quorum. Four (4) members of the Commission constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. 2- 11 -11. Compensation. Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official Commission business within the limits established in the city administrative policies and budget. 2- 11 -12. Removal. The city council may remove any commissioner as provided in the Iowa Code. 2- 11 -13. Powers. The Commission has the following powers, duties, and responsibilities: 1. To assure that cable channels, equipment, and resources dedicated and reserved for community programming are used effectively, efficiently, and economically to afford subcommunities and individuals of Dubuque the opportunity to express opinions and provide information to cable users, and that such programming is characterized by appropriateness, quality, and continuity; and, 2. To assure full compliance with any franchises authorizing cable or video service in the City, that the franchises be interpreted and applied to the benefit of the City and its residents, that quality and updated services be delivered throughout the City, and that the public interest be protected in all matters related to the cable services delivery systems. Section 3. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 6th day of February 2012. Attest: Roy D. uol, Mayor OFFICIAL PUBLICATION ORDINANCE NO.14 -12 AMENDING ORDI- NANCE NO. 5-12 ESTABLISHING THE CABLE TELEVISION COMMISSION BY REMOVING THE THIRTY (30) DAY PUBLICATION RE- QUIREMENT IN SEC- TION 2 -11-5 AND PROVIDING FOR STAGGERED TERMS FOR COMMISSION MEMBERS IN SEC- TION 2 -11 -7 Section 1. Ordinance No. 5 -12, Section 2 -11 -5 is amended to read as follows: Sec. 2 -11 -5. Mem- bership. 1. The Commission consists of seven (7) residents of the city, by the city council. Section 2. Ordinance No. 5-12, Section 2 -11 -7 is amended to read as follows: Sec. 2-11-7. Term. For the initial appoint- ments, three (3) of the appointments will be for terms ending July 1, 2014 and four (4) of the appointments will be for terms ending July 1, 2015. Thereafter, each member of the Commission will hold office for three (3) years and until such member's successor is appointed and qualified. The term of office of each member will commence July 1 in the year in which the member is appointed. Vacancies occurring on the Commission through death, resig- nation, or permanent removal from the City will be filled by the mayor with the approval of the city council, but such appointments will be made to fill out the unexpired term for which the appointment is made. Section 3. This Ordinance takes effect on publication. Passed, approved and adopted the 20th day of February, 2012. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper the 9th day of March, 2012. /s/Kevin S. Firnstahl, 1t 3/9 City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa - corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 02 & 09, 2012, and for which the charge is $17.39. f'(,4e Subscribed to before me, a otary Public in and for Dubuque County, Iowa, 4et ,20 /a, . this G, day of Notary Public in and for Dubuque County, Iowa. MARY K. WESTER,,=`( .-R Commission Number